what is to renounce probate

[pmorley]

My husband, along with his brothers/sister has been asked to renouce probate of his fathers will. He is not an executor so why would he have been asked to do this. Also he has not seen a copy of the will is this right as he knows he is a beneficiary.

[Whickerman]

We had to do this when my father died. Basically he's signing over all claim to his father's estate. He'll be asked to do this by the executor. If his mother is still alive it's most likely to ensure she keeps her home, as happened in our case.
However, if he wants his share of the estate, he must not sign this.

[pmorley]

Thanks wickerman, it is something like that and he is happy to sign as long as he is not signing anything on behalf of our kids. (They do have 3 homes though so she would never be homeless).

[Barmaid]

Not wishing to unduly interfere, renouncing probate is only something an executor can do (an executor renounces his right to take the Grant). if your husband and siblings have been asked to disclaim (a beneficiary disclaims his interest) their right to any bequest under the will, it may be better to seek legal advice. The reason I say this is that if the estate is above the IHT threshold, in disclaiming their right to the estate whilst it may reduce any tax to nil on this death - it could increase the tax on mum's death. If you want to post some more details will be happy to help further.

He really should see a copy of the will first before he is asked to do anything.

[pmorley]

Barmaid. Thanks for that, someone else had said about the executors only being able to renounce probate, so that must be right. The amount is roughly 900,000 GBP, my

[themas]

In my view, he should not agree to anything without having a fully detailed explanation of the reasons why he is being asked. It looks as if he is being asked to disclaim his inheritance. Why? At the very least, he should be told the purpose.